The nonprofit law podcast is a weekly show highlighting legal issues facing nonprofits. Hosted by Tim Mooney, an attorney with over a decade of experience in nonprofit law, this entertaining and informative program helps staff, officers and directors of nonprofits to understand the laws that impact their organizations.

Craigslist Foundation Nonprofit BootcampHighly recommend this great day of learning about nonprofits, including nonprofit lawAlliance for Justice session on lobbying was excellentNYC 2008 Podcasts should be up soon - in the meantime, check out past onesIf you're in the Bay Area, I highly encourage you to attend the west coast version on October 18, 2008 in San Mateo, CA

ClosingEmail me with questions and suggested topicsSign up for the free NLP newsletter... every week get an early look at the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.comnplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law

Sunday, August 10, 2008

Tim Mooney… Welcome to the Nonprofit Law PodcastYour guide to the laws impacting nonprofits.Shownotes…. nplawcast.comEmail the showI'll be at the Craigslist Foundation Nonprofit Bootcamp in NYC on August 16th - if you attend and see me, feel free to say hello!Thanks to Texas Nonprofits for featuring the show on their homepage! It sparks my craving for Ironworks BBQ in Austin...

Can a staff member also serve on the board of directors?

From a listener email: keep the suggestions coming!

Some people are absolutists about this - it's an unworkable conflict of interest. Early in my career I was confronted with an ED who was convinced it was actually illegal.

In some circumstances, this may be true - check your state laws regarding conflicts of interest, but also your bylaws and conflict of interest policies

Assuming none of these things block it, serving on the board as a staff member IS possible

It's more of an issue for small, but growing nonprofits

Why? It's a route to compensate a person for their work - paid as a staff member, but still present as an unpaid board member. (wearing two hats)

From BoardSource: "It is probably impossible to find a board member who will never have any conflicts of interest... if these associations develop into conflicts of interest and become a major obstacle to fulfilling the duty of loyalty — one of the main legal obligations of board members — it may be necessary to re-evaluate the board member's suitability for current board service."

If it makes sense for your organization to have a person serve as a board member, have a very strict policy regarding breach of loyalty. Best practice would be an abstention policy where the board member recuses him or herself from any votes that impact staff. Another (perhaps better) policy would be to have the board member serve in an ex officio capacity (i.e. no voting power on the board, but has full authority to be present and debate all decisions).

ClosingEmail me with questions and suggested topicsSign up for the free NLP newsletter... every week get an early look at the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.comnplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law

Saturday, August 9, 2008

Tim Mooney… Welcome to the Nonprofit Law PodcastYour guide to the laws impacting nonprofits.Shownotes…. nplawcast.comEmail the showI'll be at the Craigslist Foundation Nonprofit Bootcamp in NYC on August 16th - if you attend and see me, feel free to say hello!Thanks to Texas Nonprofits for featuring the show on their homepage! It sparks my craving for Ironworks BBQ in Austin...

Can a staff member also serve on the board of directors?

From a listener email: keep the suggestions coming!

Some people are absolutists about this - it's an unworkable conflict of interest. Early in my career I was confronted with an ED who was convinced it was actually illegal.

In some circumstances, this may be true - check your state laws regarding conflicts of interest, but also your bylaws and conflict of interest policies

Assuming none of these things block it, serving on the board as a staff member IS possible

It's more of an issue for small, but growing nonprofits

Why? It's a route to compensate a person for their work - paid as a staff member, but still present as an unpaid board member. (wearing two hats)

From BoardSource: "It is probably impossible to find a board member who will never have any conflicts of interest... if these associations develop into conflicts of interest and become a major obstacle to fulfilling the duty of loyalty — one of the main legal obligations of board members — it may be necessary to re-evaluate the board member's suitability for current board service."

If it makes sense for your organization to have a person serve as a board member, have a very strict policy regarding breach of loyalty. Best practice would be an abstention policy where the board member recuses him or herself from any votes that impact staff. Another (perhaps better) policy would be to have the board member serve in an ex officio capacity (i.e. no voting power on the board, but has full authority to be present and debate all decisions).

ClosingEmail me with questions and suggested topicsSign up for the free NLP newsletter... every week get an early look at the shownotes and resources sent to you by email, plus get additional free content on the laws impacting nonprofits. Go to nplawcast.com/newsletter for more info and to sign up.Need more than the podcast? Tim-Mooney.com and Beyond the Podcast at nplawcast.comnplawcast.com

This podcast provides general information about legal topics but it is not a complete discussion of all legal issues that arise in relation to nonprofits nor is it a substitute for legal advice. This podcast does not create an attorney-client relationship. This is general legal information and the contributors make no warranties regarding the general legal information provided in this podcast , and disclaim liability for damages resulting from its use to the fullest extent permitted by the applicable law